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A new USCIS adjustment of status memo dropped Friday, May 22, 2026. Over the weekend, many immigrants, employers, and immigration lawyers began discussing the memo. Some of the online reactions have understandably caused fear and confusion.
We have already received questions like:
Right now, there are still many unknowns, but we really believe its primary objective is to create fear and have a chilling effect on filings. The memo is important, and we do think it signals a stricter approach from USCIS in some cases. But it does not eliminate adjustment of status, and it does not change the law governing who is eligible to apply for a green card inside the United States.
Here is what we know so far:
On May 21, 2026, USCIS issued a policy memorandum discussing adjustment of status and the discretionary nature of green card applications filed inside the United States.
The memo repeatedly emphasizes that adjustment of status is discretionary, meaning USCIS officers have authority to evaluate the overall circumstances of a case, not just whether someone technically meets the minimum eligibility requirements.
The memo also emphasizes USCIS’s position that consular processing abroad is generally the standard process for obtaining an immigrant visa, while adjustment of status is a discretionary process available to certain individuals already inside the United States.
Importantly, the concept that adjustment of status is discretionary is not entirely new from a legal perspective. Immigration law has long treated adjustment of status as a discretionary benefit in many situations.
However, the tone and emphasis of this memo suggest that USCIS officers may apply more scrutiny when reviewing adjustment applications moving forward.
No. Adjustment of status still exists under U.S. immigration law. USCIS is still accepting and processing Form I-485 applications for both employment-based and family-based immigration cases.
At this point:
In fact, the grounds for a foreign national to apply for adjustment of status in the U.S. is set in the statute, which only Congress can change.
Potentially, yes. One of the key points in the memo is USCIS’s reminder that adjustment of status is discretionary.
That means USCIS officers may look not only at whether someone qualifies under the law, but also at the overall facts and circumstances of the case.
Again, this concept is not brand new. But this memo may indicate that USCIS officers will place greater emphasis on discretionary factors going forward.
The memo does not create a new formal checklist of discretionary factors. We likely will learn more as time goes on, and as we learn from each others' experiences, as is so often the case in U.S. immigration law.
However, because USCIS is emphasizing the discretionary nature of adjustment of status, immigration officers may continue to look closely at the overall facts and circumstances of a case, including a person’s immigration history and compliance with immigration laws.
Depending on the facts of the case, issues that may receive scrutiny in adjustment adjudications can include:
At this stage, USCIS has not announced new mandatory denial criteria or a new discretionary framework for adjustment applications. We expect additional guidance and adjudication trends to develop over time.
Potentially, yes.
Employment-based adjustment applicants, including individuals filing based on the PERM labor certification, EB-2, EB-3, or other employment-based categories (including NIW and EB-1s) should expect USCIS to continue closely reviewing maintenance of status and immigration history issues.
That said, many employment-based applicants already have strong equities, long-term lawful employment, and documented compliance with immigration requirements.
Again, we are not seeing any indication that employment-based adjustment of status is ending.
Potentially, yes.
Family-based applicants could also face increased scrutiny depending on the facts of the case, especially where there are:
But again, adjustment of status remains available, and USCIS continues to process these cases.
If you are eligible, then no, you should not stop the filing. However, you may need to take additional steps. If you are eligible for the adjustment of status filing, definitely speak with an immigration lawyer before filing (and it at all possible, work closely with an immigration lawyer for the entire filing).
For eligible applicants already in the United States, adjustment of status may still be the best and safest option.
Consular processing abroad can involve:
Every immigration case is different, and decisions about adjustment of status versus consular processing should be made carefully based on the specific facts of the case. This has always been this case, and while this memo is an additional factor to consider, ultimately the strategy of deciding between options has not changed.
We understand why this memo is creating anxiety. Many immigrants and families are already feeling uncertain and overwhelmed by the current immigration environment. When USCIS releases a memo using strong language about discretion and “administrative grace,” it is understandable that people worry about what comes next.
At the same time, it is important not to panic or assume the worst based on headlines or social media posts.
Right now, what we know is this:
We will continue monitoring how USCIS applies this memo in actual adjudications and will share updates as we learn more.
Another word of perspective: I am not saying this to mitigate the potential significance of this memo. And also, we have seen this tactic before. Remember the administration dropped the $100,000 H-1B fee announcement on a Friday afternoon, with almost no information about how it would be implemented or who would be affected? To be sure, it's a big change, and we earnestly hope (and expect) that one day it will be reversed. But even now, it applies to only a limited type of H-1B case. Has it made the process scarier? Yes, if you don't have the right information. Has it prevented some people from filing? Certainly. Has it completely shut down the H-1B program? Far from it! We file H-1B petitions every single week, that are subsequently approved.
Likewise, remember the changes in 2025 to the naturalization process, including expanded "good moral character" vetting, needing to affirmatively show that you're a person of good moral character (not just that you have paid taxes and don't have a criminal history), and potential neighborhood checks? I have not heard of one single neighborhood check, and while I've heard of some additional vetting, it's otherwise more or less business as usual with naturalization applications. We are still reviewing applicants' backgrounds very carefully, and inconsistent statements or facts absolutely can still be a problem, but the change absolutely was not the end of naturalization.
Again, we're not saying that the new memo should be ignored and that it will all be fine. We are saying that it likely will not be as bad as we think it could be, and we can all benefit from a collective deep breath.
If you have questions about how this policy could affect your case, it is important to speak with an experienced immigration attorney about your individual immigration history and options. If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today to set up your initiation consultation to get the process started! You can set an appointment online. You can also call us at 804-214-7870 or send us an email at info@sumnerimmigration.com.
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This blog post is for informational purposes only and does not constitute legal advice.
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